Himachal Pradesh Court April 2002 Judgments
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Balkrishan Sharma Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-09-2002
Reported in: 2002CriLJ4364
ORDERM.R. Verma, J. 1. This revision petition under Section 397 read with Section 481 of the Code of Criminal Procedure (hereafter referred to as 'the Code') is directed against the order dated 23-2-2001, passed by the learned Special Judge (Forest), Shimla, whereby a charge against the accused-petitioner (hereafter referred to as 'the accused') has been ordered to be framed under Sections 409, 420, 120-B and 13(2) of the Prevention of Corruption Act, 1988 and has been accordingly framed.2. Case of the prosecution against the accused is that Child Welfare Council of India sent 3500 Greeting Cards of the value of Rs. 7,941.30 paise for sale by Child Welfare Council of Himachal Pradesh .(hereinafter referred to as 'the State Council). The State Council sold the Greeting Cards through the office of H. P. Vidhan Sabha. A sum of Rs. 7000/- realised as sale proceeds was paid by the Secretary, Vidhan Sabha, Himachal Pradesh to the State Council. Two receipts each amounting to Rs. 1750/- and o...
Shankar Lal and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-05-2002
Reported in: 2002CriLJ3516
ORDERM.R. Verma, J.1. This criminal revision petition under Sections 397 and 401 of the Criminal Procedure Code (hereafter referred to as 'the Code') is directed against the order dated 9-7-2001 passed by the Additional District Magistrate, Pooh whereby the petitioners have been called upon to execute personal bonds each in the sum of Rs. 1000/- to maintain peace till the conclusion of the inquiry initiated against them under Section 107 of the Code.2. Brief facts leading to the presentation of this petition are that an inquiry under Section 147 of the Code is pending regarding dispute of water supply and laying of pipes. During the course of such inquiry apprehending breach of public peace the said Magistrate initiated the inquiry under Section 107 of the Code and directed issue of notices under Section 111 of the Code to the petitioners vide his order dated 2-7-2001 calling them upon to show cause why they should not execute personal bonds each in the sum of Rs. 2000/- with one suret...
Hari Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-04-2002
Reported in: 2002CriLJ3532
W.B. Verma, J.1. This appeal is directed against the judgment dated 7-7-2000 passed by the learned Additional Sessions Judge, Solan whereby appellant/accused (hereafter referred to as 'the accused') had been convicted under Sections 376 and 506 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs. 20,000/- and in default of payment of fine to undergo simple imprisonment for one year under Section 376 of the Indian Penal Code, and to simple imprisonment of two years and fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for six months under Section 506 of the Indian Penal Code.2. The case of the prosecution against the accused, in brief, is that the prosecutrix (PW-1) was studying in 4th standard in Primary School, Kem Wali in the year 1999. On the asking of the accused, the prosecutrix along with Nisha (PW-11), Reena, Pushpa Devi (PW-12) and Gurdeep had gone to Nand on 5-10-1999 to attend the tournament. On 6-10-1999 at a...
Kashi Ram Vs. Harbhajan Singh Bhajji
Court: Himachal Pradesh
Decided on: Apr-04-2002
Reported in: AIR2002HP154
ORDERA.K. Goel, J.1. This Second Appeal has been filed by the defendant who is being referred to as such hereinafter in this judgment.2. A suit was filed by the respondent-plaintiff for possession of the land as detailed in the plaint. This suit was based on title. According to the averments made in the plaint, plaintiff purchased the same from Smt. Sarita Rani, wife of Narinder Kumar. She had purchased this land from its previous owner Shri Daya Ram son of Shri Tulsi Ram. The sales are reflected in the revenue records vide mutation Ext. PW. 1/B, in favour of Smt. Sarita Rani and vide mutation Ex. PW-1/C in favour of the plaintiff. Further the case set-up by the plaintiff was that he was residing at Shimla and had been in occupation of the suit property from the time he purchased it and prior to her, it was Smt. Sarita Rani who was in its occupation. Plaintiff could not attend to the land in question for a continuous period of 4-5 months in the year 1983 due to his political pre-occupa...
Bhagwan Dass Etc. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-04-2002
Reported in: 2003CriLJ536
R. L. Khurana, J. 1. The abovenoted two appeals arising out of the judgment dated 10-5-2000 of the learned Special Judge, Kullu, in Sessions Trial No. 15/1999 are being disposed of by this single judgment. Each of the two appellants (hereinafter referred to as the accused) stands convicted for the offence under Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) by the learned Special Judge and sentenced to rigorous imprisonment for ten years and to pay fine of Rupees one lac. In default of payment of fine, each of the two accused has been sentenced to undergo simple imprisonment for a further period of two years.2. The prosecution story, briefly stated is this. On 9-1-1999 at about 9-30 a.m., PW. 8 Bhim Sen received a secret information on telephone about two unknown persons sitting on the roadside Sidhwan and that such persons were suspected to be in possession of Charas. The information so received was duly entered in the daily diary and a copy ther...
Satya Securities and anr. Vs. Ms. Uma Erry and anr.
Court: Himachal Pradesh
Decided on: Apr-02-2002
Reported in: I(2003)BC341,2002CriLJ3714
ORDERKuldip Chand Sood, J.1. These two petitions (Cr. M.M.O. Nos. 9 and 10 of 2002) arise out of same orders passed by learned Judicial Magistrate 1st Class (II), Shimla on 10.1.2002 and 15.1.2002.2. It appears, respondent-Mrs. Uma Erry had filed a complaint under Section 138 of the Negotiable Instruments Act, against the petitioner-M/s. Satyam Securities. Mr. Sham Ahuja and Ms. Anju Sham Lal Ahuja were also impleaded as accused in their capacity as proprietor/ authorised officer of the company. It appears, when the case came up before the Court on 1.12.2001, the Presiding Officer was on leave and it was listed for 20.12.2001 for proper orders.3. On 20.12.2001, neither the accused nor the complainant was present. However, Special Attorney of the complainant was present. Learned Trial Magistrate in his wisdom directed that accused-petitioners be served through their Counsel Mr. Y.P. Rana, Advocate for 10.1.2002. On 10.1.2002 in the similar circumstances, the Court once again directed th...
Him Advances and Savings Pvt. Ltd. Vs. Ravinder Kumar Gupta
Court: Himachal Pradesh
Decided on: Apr-02-2002
Reported in: II(2003)BC546,2002CriLJ4741
ORDERM.R. Verma, J.1. This criminal revision petition under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the petitioner-complainant (hereafter referred to as 'the petitioner') against the order dated 18.6.2001, passed by the learned Additional Chief Judicial Magistrate, Shimla, in Criminal Complaint No. 167-3 of 1999, whereby the respondent accused (hereafter referred to as 'the respondent') has been acquitted on the ground of non-appearance of the complainant under Section 256 of the Code.2. The undisputed facts are that the petitioner filed a complaint against the respondent in the Court of the learned Additional Chief Judicial Magistrate, Shimla, under Section 138 of the Negotiable Instruments Act, 1881. The complaint was listed for hearing on 18.6.2001 for evidence of the complainant. The complainant, however, applied for exemption, but after hearing the parties, the Court declined the exemp...
State of Himachal Pradesh Vs. Ashok Kumar
Court: Himachal Pradesh
Decided on: Apr-02-2002
Reported in: 2002CriLJ3606
M.R. Verma, J. 1. This appeal has been preferred by the State against the judgment dated 31-7-1997 passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala whereby the respondent/accused (hereafter referred to as 'the accused') has been acquitted of a charge under Sections 498-A and 506 IPC.2. Case of the prosecution in brief is that marriage of complainant Sudarshna Devi (PW-1) with the accused was solemnised on October 12, 1993. They lived happily for 3-4 months after the marriage but thereafter the accused started maltreating PW-1 saying that she had brought insufficient dowry and started beating her after consuming liquor. The beatings so given to her resulted in abortions 2-3 times. Further the accused refused to maintain her and turned her out of the matrimonial home more than once. Lastly, on 24-5-1995 she was beaten up by the accused causing her bodily injuries and on the next day the prosecutrix left for her parents' house at Nagrota Bagwan. On 25-5-1995 the matt...
Oriental Insurance Co. Ltd. Vs. Lal Chand and ors.
Court: Himachal Pradesh
Decided on: Apr-02-2002
Reported in: III(2002)ACC128
Arun Kumar Goel, J.1. We propose to dispose of all these three appeals by this common judgment as they have arisen out of the same accident.2. Dr. Lalit Kumar Sharma, learned Counsel appearing for the appellant-Insurance Company in support of these appeals have raised two pleas namely:(a) that the owner of the vehicle i.e. insured had carried passengers in breach of the contract of insurance subject to which the vehicle was insured with his client and the deceased being gratuitous passenger was neither covered nor was statutorily required to be covered, therefore, the learned Tribunal below had fallen into error, while holding the appellant liable for payment of compensation as assessed in these cases; and(b) that driver on the date and time of accident in question was not holding a valid and effective driving licence as such the appellant has been wrongly fastened with the liability to pay compensation in these cases.3. Thus according to him these appeals deserve to be allowed and con...
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